Anirudh Agarwal , Sheena Ogra
June 1, 2022
Earlier under Section 66 of the Factories Act (“Act”), 1948 women were barred from working between 07:00 (Seven) PM and 06:00 (Six) AM. However, the Government of Uttar Pradesh recently introduced a new set of conditions vide an order dated May 27, 2022, wherein factories in the state will be exempted from restrictions subject to fulfilment of certain conditions.
To ensure the safety and security of the women workers at factories, the order states that no women worker shall be forced to work before 06:00 (Six) AM and after 07:00 (Seven) PM without her written consent and shall not be terminated if denied working during such hours.
In addition to this, to secure a safe working environment for women workers, the employer needs to provide certain facilities which have been mandated under the order including but not limited to toilets, changing room, drinking facilities, food, free transportation to and from their residence along with steps to prevent sexual harassment at workplace.
The Uttar Pradesh Government by relaxing a rule under the Act not only promotes the ease of doing business but also provides equal opportunity for work to women workers in the state. The effect of the order would be beneficial for those employers who are planning on employing women workers on night shifts in the factory. Therefore, employers who fulfil the conditions stipulated under the order will be able to easily get women workers to discharge their respective duties.
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